On September 20, 2024, the Department of Public Instruction (department) received a complaint under state and federal special education law from #### (parent) against the #### (district). This is the department’s decision regarding that complaint. The decision pertains to the time period beginning September 20, 2023, and the identified issues are described below.
Whether the district properly followed transfer procedures when a student with a disability transferred into the district from an out-of-state local educational agency (LEA).
When a child with a disability transfers into a school district in a new state, the receiving district must either conduct an evaluation of the student or develop, adopt, and implement an individualized education program (IEP) for the student. 34 CFR § 300.323(f).
In early July 2024, the parents notified the district of their intention to enroll their child, a student with a disability, in the school district. District staff explained the transfer process to the parents, including reviewing the student’s records, convening an IEP team, and making a placement determination. The parent formally enrolled the student in the district on July 16, 2024. The district requested the student’s records from the student’s prior school district and received the records at some point prior to August 21, 2024. The student’s IEP team met on August 29, 2024, and September 12, 2024, to develop a new IEP for the student. The district properly followed transfer procedures by developing a new IEP for the student.
Whether the district properly provided the student an educational placement in the least restrictive environment (LRE) and improperly shortened the length of the student’s school day.
In Wisconsin, placements of students with disabilities must be determined by IEP teams in conformity with LRE requirements. To the maximum extent appropriate, students with disabilities must be educated with students who are nondisabled. Each student’s placement determination must be based on the student’s individual needs as specified in the IEP; be determined at least annually; be as close as possible to the student’s home; and, unless the student requires some other arrangement, in the school the student would attend if not disabled. Students with disabilities should not be removed from education in an age-appropriate regular education classroom solely because of needed modifications in the general education curriculum. Removal from the regular education environment should only occur if the nature or severity of a student’s disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily. The IEP team must document its placement decision, including its consideration of LRE, in the IEP. Wis. Stat. § 115.79; 34 CFR §§ 300.114 - 300.116. It is only appropriate to shorten the length of the school day for a student with a disability if the student's IEP team determines a shortened day is required to address the student's unique, disability-related needs. This should be a very rare occurrence. Before deciding to shorten the student's day, the IEP team must consider if there are other ways to meet the student's needs. When a student's school day is shortened, the student's IEP must include an explanation of why the student's disability-related needs require a shortened day and a plan for the student's return to school for a full day, including a plan to meet more frequently to review student data and determine whether the student is able to return to school full-time. The student should return to a full school day as soon as they are able, and under most circumstances, a shortened school day should be in place for a limited amount of time. DPI Special Education Information Update Bulletin 14.03.
When the student’s IEP team met on August 29, 2024, the IEP team determined the student would participate virtually in the regular education classroom on Mondays, Wednesdays, and Fridays and would come to school for 15 minutes on Tuesdays and Thursdays to work with a special education teacher on acclimatizing to the school building. The IEP team met again on September 12, 2024, and determined the student’s placement would be in person school for 30 minutes for five days per week, and after five days the student would increase to 60 minutes per day.
In reaching its placement determination at the meeting on September 12, 2024, the team reviewed the student’s previous IEP which indicated the student had not attended in-person school since June 2023. The previous district offered a full-time placement at a therapeutic day treatment facility. The student’s parents did not accept that placement offer, and the student never went to the day treatment facility. The team attempted to find a facility similar to that described in the previous IEP with available space within a reasonable distance of the district, and nothing was immediately available. The district was in communication with a treatment facility to obtain a spot for the student should one become available. The team also took into account the student’s extreme negative reaction to the school environment during a school open house on August 28, 2024. The team’s conclusion that the student could not immediately be educated satisfactorily full-time in regular education classes with the use of supplementary aids and services is well supported by the evidence. Information gathered by the department also shows that the district properly shortened the student’s school day by considering the disability-related reasons why the student needed a shortened day and demonstrated that the district’s intent was to increase their schedule to full days as soon as possible. The fact that the student did not return to full-time instruction in the short time the student was in the district is not evidence the shortened day was inappropriate. However, the district failed to fully document the IEP team’s decisions. Such documentation is entirely lacking for the period between August 29, 2024, and September 19, 2024, and contains an incomplete plan for returning the student to full-time after September 19, 2024. In failing to adequately document the student’s shortened day, the district improperly provided the student an educational placement in the LRE, and improperly shortened the student’s day.
The student had attended school for a total of ten days at the time this complaint was filed. The student subsequently stopped attending school and the parents enrolled the student in a different school district. Because of the limited number of days which the student attended school, no individual student correction will be required as a result of this noncompliance. Within 30 days of the date of this decision, the district shall submit to the department a corrective action plan outlining the steps it will take to ensure IEP teams properly document decisions regarding LRE and shortened day determinations.
Whether the district properly responded to the student’s parent’s request for special education records.
A school district must permit parents to inspect and review any education records related to their child at the request of the parent. The district must comply with the request without unnecessary delay and before any meeting regarding the student’s IEP. 34 CFR § 300.613(a).
On September 4, 2024, the student’s parent requested the student’s educational records from the district. The parent submitted a similar request on September 7, 2024. The district allowed the parent to inspect the requested records at the IEP team meeting on September 12, 2024. The district also notified the parent that a copy of the requested records were available on September 20, 2024. The parent picked-up a copy of the records on September 26, 2024. The district properly responded to the parent’s request for special education records.
Whether the district properly responded to the student’s parent’s request for a reevaluation.
School districts must ensure that a reevaluation of each student with a disability occurs at least once every three years unless the parent and the district agree that a reevaluation is not necessary. In addition, the district must ensure a reevaluation is conducted if the student’s educational or related services needs warrant a reevaluation or if the student’s parent or teacher requests a reevaluation. Districts are not obligated to conduct reevaluations more than once per year unless the parent and the district agree otherwise. 34 CFR § 300.303. Within 15 business days of the district’s receipt of the referral, the IEP team, including the student's parent, must conduct a review of existing data to determine what additional data, including information from assessment or other evaluation activities, are needed to complete the evaluation. The district must complete all assessments and hold an IEP team meeting to determine the student's eligibility within 60 days of the district's receipt of the parent's consent to conduct assessments or notify the parent that no additional assessments are needed. (34 CFR §§ 300.304 - 300.306; Wis. Stat. § 115.78[3][a]).
The parent requested a reevaluation of the student on September 5, 2024. The district sent the parents a notice of reevaluation on September 30, 2024, and IEP team members, including the student’s parent, conducted a review of existing data on October 2, 2024. The district sent the parents a request to consent to the additional testing determined necessary to complete the evaluation. The student’s parent did not return the request for consent and have since enrolled the student in a different school district. The district exceeded the 15-business day timeline by four business days, and consequently did not appropriately respond to the parent’s request for a reevaluation. Within 30 days of the date of this decision, the district shall submit a corrective action plan outlining the steps it will take to ensure evaluation timelines are adhered to.
All noncompliance identified above must be corrected as soon as possible but in no case, more than one year from the date of this decision. This concludes our review of this complaint. This decision is final for the IDEA State Complaint process. These issues may be addressed through other dispute resolutions, including mediation and due process hearings. For more information, visit the department’s website at http://dpi.wi.gov/sped/dispute-resolution or contact the special education team at (608) 266-1781.
For questions about this information, contact dpispeddata@dpi.wi.gov (608) 266-1781